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Sea

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The ocean; the great mass of water which surrounds the land, covering nearly three-quarters of the globe. Waters within the ebb and flow of the tide are to be considered the sea; Thackarey v. The Farmer of Salem, Gilp. 526, Fed. Cas. No. 13,852. A large body of salt water communicating with the ocean is also called a sea; as, the Mediterranean sea, etc. Very large inland bodies of salt water are also called seas; as, the Caspian sea, etc. “A sea,” in nautical language, may mean a general disturbance of the surface of the water occasioned by a storm, and breaking it up into the roll and lift of waves following or menacing each other; some particular wave or surge, separate from its fellows; Snowden v. Guion, 101 N. Y. 463, 5 N. E. 322. As a boundary in a conveyance, it includes the beach to low water mark; Snow v. Real Estate Co., 84 Me. 14, 24 Atl. 429, 17 L. R. A. 2S0, 30 Am. St Rep. 331. The high seas include the whole of the seas below high water mark and outside the The open sea Is public and common property, and any nation or person has ordinarily an equal right to navigate it or to fish therein; 1 Kent 27; Ang. Tide-Waters 44; and to land upon the sea-shore.

Bened. Adm. 224-257.

Every nation has jurisdiction over the person of its own subjects in its own public and private vessels when at sea; and so far territorial jurisdiction may be considered as preserved; for the vessels of a nation are in many respects considered as portions of its territory, and persons on board are protected and governed by the laws of the country to which the vessel belongs. The extent of jurisdiction over adjoining seas is often a question of difficulty, and one that is still open to controversy. As far as a nation can conveniently occupy, and that occupation is acquired by prior possession or treaty, the jurisdiction is exclusive; 1 Kent 20. This has been heretofore limited to the distance of a cannon-shot, or marine league, over the waters adjacent to its shore; Church v. Hubbart, 2 Cra. (U. S.) 187, 234, 2 L. Ed. 249; Bynkershoek, Qu. Pub. Juris. 61; 1 Azuni, Marit Law 185, 204; Vattel 207. See League; Seaman: Admiralty; Arm of the Sea; Low Water Mark; Litus Maris; Territorial Waters; Sea-Shore; Legislative Power.